Court : Mumbai
..... of 90. some of the instances that have been highlighted before me were part of the pleadings in this company petition. further, this company petition was extensively amended. the original as well as amended petition has been dealt with by the learned single judge of this court by his judgement and order dated 14th ..... members of the public who subscribe to shares. the principle of free transferability must be given a broad dimension in order to fulfill the object of the law. imposing restrictions on the principle of free transferability, is a legislative function, simply because the postulate of free transferability was enunciated as a matter of ..... case in which the legislation authorised the board of directors to regulate the transfer of shares and transferability of the shares of the company. the bye-laws specifically contemplated a restriction of transferability otherwise than to a member of the company. while considering the legal position in india, the learned single judge adverted .....
Tag this Judgment!Court : Mumbai
..... there is nothing to prevent the state from extending the list of beneficiaries under any scheme, as and when the economic resources of the state permit such extension, but the incentives granted to meritorious poor students of the minority communities cannot be faulted with. 54. as per the settled legal position, the state ..... , religious and linguistic minorities, as an integral part of the development of society as a whole and within a democratic framework based on the rule of law, would contribute to the strengthening of friendship and cooperation among peoples and states." article 4(5) - "states should consider appropriate measures so that persons ..... scheme for college and university students for the financial year 2010-2011. (ix) the factors taken into account by the scholarship schemes satisfy the requirements of law. the schemes are reasonable, not discriminatory and constitute best form of effective affirmative action. the scholarships are granted on the basis of a number of factors .....
Tag this Judgment!Court : Delhi
..... on the observations of the supreme court in municipal board, saharanpur, it is submitted that in case of a railway station or such like structures in terms of extensive use by large number of visitors, 10% depreciation should be allowed. it is further submitted that in terms of section 71 of the ca, 1924 which is identically ..... a taxing provision, an interpretation beneficial to the assessee, in case two interpretations be reasonably possible, has to be given. this is a well settled position in law." 18. for all the aforesaid reasons the writ petition is allowed and the impugned assessment order dated 24th february 2003 and the bill raised on the same date ..... the following year. on this ground too, therefore, the impugned notice dated 26th march 2001 and the consequential assessment order dated 26th february 2003 cannot be sustained in law. 13. although the petition is entitled to succeed on the above grounds, the other points are also being considered on their merits. section 64 of the ca, .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... time being served or adequately served by the licensee. c) the simplification and standardization of methods and rates of charges for such supplies; d) the extension and cheapening supplies of electricity to sparsely developed areas. 3) nothing in the foregoing provisions of this section shall derogate from the power of the board, ..... metro rail corporation. the relevant portion of the judgment is as follows: the word purpose used in the above-mentioned sub-clause, as per blacks law dictionary means: an objective goal or end; specify the business activity that a corporation is chartered to engage in thus, the commission cannot accord any ..... under the categorization. clearly, they cannot be termed as residential or industrial. as regards whether the categorization by the state/central government under any other statute/law, is binding on the commission in the process of consumer categorization and tariff determination, the commission is of the view that the state governments/central .....
Tag this Judgment!Court : UK Supreme Court
..... advantages and disadvantages of the possible solutions. these are further features which confirm that the necessary changes require legislation and cannot be made by any legitimate interpretation, however extensive, under section 3(1): in re s (minors) (care order: implementation of care plan) [2002] 2 ac 291, 313, para 40, per lord ..... and marper v chief constable of the south yorkshire police (the subsequent grand chamber decision notwithstanding). the divisional court did, however, certify a point of law of general importance and, with the consent of all parties, granted a certificate pursuant to section 12 of the administration of justice act 1969, thus ..... secretary of state. if it had been intended to require a scheme whose essential elements included an obligation that, save in exceptional circumstances, the data lawfully obtained from all suspects should be retained indefinitely, that could easily have been expressly stated in the statute. if that had been intended, surely section 64 .....
Tag this Judgment!Court : Supreme Court of India
..... of the appellant and held that the said high court has the jurisdiction to entertain the petition filed under section 9 of the act. the learned single judge extensively referred to the judgment of this court in bhatia international v. bulk trading s.a. (2002) 4 scc 105 and observed:"the ratio of bhatia international, ..... to the contract, a conscious decision was taken by them that kuala lumpur will be the seat of any intended arbitration, indian law as the law of contract and english law as the law of arbitration and the mere fact that the arbitration was held outside kuala lumpur due to the outbreak of epidemic sars, the venue ..... what, in fact, learned senior counsel for the respondent has sought to contend before this court is that the parties herein, by adopting the english law as the proper law governing the arbitration agreement, have expressly excluded the applicability of the indian arbitration act, and consequently, this court has no jurisdiction to entertain the present petition .....
Tag this Judgment!Court : UK Supreme Court
..... he did. mr junkin and mr mclaughlin had concluded that mr donnelly had been assaulted by police officers. if that view (which was the product of extensive consideration of all the relevant material) had been communicated to prosecuting counsel, it would have been improper for him to advance a case which was quite ..... of process occurred before mullen was returned from zimbabwe to this jurisdiction. the british authorities procured his deportation by unlawful means, "in breach of public international law". the prosecution itself was held to be "unlawful". mullen therefore should not have been charged, let alone prosecuted to trial. yet the house of lords ..... but whose conviction had been annulled for reasons of form or procedure" while others appear to have considered that the provision should provide a guarantee for lawful process. the travaux clearly demonstrate that the parties intended article 14(6) to cover the situation where a newly discovered fact demonstrated conclusively that the .....
Tag this Judgment!Court : Gujarat
..... on the basis of principles different from those which come into play when an industrial dispute is under adjudication. in this connection we cannot do better than quote extensively from herbertsons limited v. workmen of herbertsons limited, (1977) 2 scr 15: (air 1977 sc 322), wherein goswami, j., speaking for the court ..... signing persons. according to legal provisions, before producing settlement by parties exh 14, 98% employees have signed it. the private settlement is permissible under law. therefore, present settlement is binding to 98% employees of non supervisory category working with respondent no. 1 company. the industrial dispute which has been ..... petitioner.7. learned senior advocate mr. ba desai raised contention before this court that industrial tribunal, baroda misdirected in respect to question of law and failed to exercise jurisdiction and not properly appreciated contention raised by petitioner association while relying upon settlement which is not legal it violates section .....
Tag this Judgment!Court : Supreme Court of India
..... to allow depending upon the facts and circumstances of the given case.57. since the provisions of order xli rule 22 of the code itself provide for extension of time, the courts would normally be inclined to condone the delay in the interest of justice unless and until the cross-objector is unable to furnish ..... to frame issues, if necessary."40. the date of hearing must not be confused with the expression `step in the proceedings'. these are two different concepts of procedural law and have different connotation and application. what may be a `step in the proceeding', essentially, may not mean a `hearing' by the court. necessary ingredients of ` ..... courts. the appellate court is vested with very wide powers including framing of additional issues, permitting additional evidence, remanding a case, pronouncing judgments in accordance with law and even admitting an appeal for re-hearing where the appeal was dismissed in default. the provisions of rule 22 which have been reproduced by us above gives .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... make an application before the commission for approval of the proposal with a detailed project report giving complete scope, justification, cost benefit analysis, estimated life extension from a reference date, financial package, phasing of expenditure, schedule of completion, reference price level, estimated completion cost including foreign exchange component, if any ..... matter duly covered by a statute, nor any such order under inherent jurisdiction can be passed contrary to the provision of the law. when the law is silent and adjudicatory process demands that a particular order is necessary to prevent the abuse of the court then and then only ..... of administrative action, 4th edition, page 285, (c) bennion on statutory interpretation, fifth edition, indian reprint, page 90, (d) hiltaire barnett-constitutional and administrative law, first indian reprint, 1996, page 716 and (e) bennion on statutory interpretation, fifth edition, indian reprint, page 142. 16. factually, it is submitted that .....
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